2 ms·
>I had picked the date, not the judge, because I knew that the other side wasn’t ready. Delaying even a few days would have meant losing a crucial advantage. D
by Causality1 7y ago
>I had picked the date, not the judge, because I knew that the other side wasn’t ready. Delaying even a few days would have meant losing a crucial advantage.
Doesn't our paradigm of adversarial justice require that lawyers subscribe to an idea of fair competition? I don't see any difference between using the trial date or venue setting to attack your opponent and, say, using trick make-up and a wig to make your client look nothing like the person the witnesses saw.
- sokoloff 7y agoI would imagine that adversarial justice would work best when each side is vigorously preparing and putting forth their strongest arguments. We enumerate that a defendant is under no obligation to help the prosecution as just an extreme example of this. That almost all patent infringement cases were held in a backwater East Texas district is evidence that the system doesn't work as that description of "fair competition" would suggest.